What documents do I need to sell land in Virginia?
Five papers carry a Virginia land sale: a written contract signed by the party it would be enforced against, a deed stating the consideration and describing the land, the clerk's certificate that the grantor tax is paid, a certificate of satisfaction releasing any deed of trust, and Form 1099-S, filed by the person responsible for closing, generally the settlement agent named on the settlement statement.
Virginia will not enforce a land sale that nobody signed, so the contract comes first
Before anyone orders a title search or drafts a deed, there has to be a signed agreement. Va. Code 11-2 lists the promises no one can sue on unless they are written down and signed, and a contract for the sale of real estate is on that list.
Unless a promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, is in writing and signed by the party to be charged or his agent, no action shall be brought in any of the following cases
Va. Code 11-2
Item 6 of the same section names "any contract for the sale of real estate". Two details in that sentence matter to a seller. The signature that counts belongs to the party to be charged, meaning the side the contract would be enforced against, or to that party's agent. And a memorandum or note of the agreement can meet the requirement, although a full written purchase contract is what a closing actually runs on.
Who writes the contract is not limited to lawyers. Va. Code 54.1-2101.1 lets a Virginia real estate licensee prepare written contracts for the sale, purchase, option, exchange or rental of real estate when the preparation is incidental to a transaction the licensee is involved in and no separate fee is charged. Which terms belong in it is a question for a Virginia-licensed attorney. The listing agreement a seller signs with a brokerage is a different document, explained in what a brokerage agreement is.
When the land carries a house, a separate question is whether a residential disclosure form travels with the contract. That is answered in whether Virginia requires a seller disclosure, not here.
The deed names the consideration and the county, and a residential deed adds two first-page statements
The deed is the paper that actually moves the land, and the Code of Virginia spells out what it has to carry before a clerk will record it.
Va. Code 55.1-300 supplies a statutory form that every deed may follow, or follow "to the same effect." In that form the grantor states the consideration, nominal or actual, and describes the property conveyed, including the name of the city or county where it lies. Which kind of deed to give is a separate decision, compared in quitclaim versus general warranty deed.
| First-page item | Which deeds | Section |
|---|---|---|
| The consideration and the actual value of the property | A deed described in Va. Code 58.1-801; unless a cover sheet is submitted with it, the clerk may reject a deed that omits them | 17.1-223 A |
| The amount of the consideration, plus the clerk's certificate that the grantor tax was paid | Any deed subject to the grantor tax, which is not admitted to record without both | 58.1-802 |
| The title insurance underwriter, or a statement that the existence of title insurance is unknown to the preparer | A deed conveying residential property of not more than four dwelling units | 17.1-223 B |
| That the owner prepared it, or that a Virginia-licensed attorney did, with the attorney's name and Virginia State Bar number | A deed conveying residential property of not more than four dwelling units; the clause does not apply to deeds of trust | 17.1-223 B |
Read the last row closely. For a deed conveying residential property of not more than four dwelling units, the statute contemplates a first-page statement that the owner or a Virginia-licensed attorney prepared the deed. It does not make every deed an attorney's work. A seller may still hire one, and Va. Code 55.1-1006 says that representation "may include deed preparation, fee negotiation, and review of applicable documents." Whether a vacant tract falls under the residential wording, and whether an owner-drafted deed suits a particular sale, are questions for a Virginia real estate attorney.
Signing is its own requirement. Under Va. Code 55.1-600 the clerk records a writing as to a signer whose original signature has been acknowledged, or proved by two witnesses. Signing before a notary in another state, or by remote online notarization, is covered in whether a Virginia closing can happen remotely.
At recording, the clerk's certificate is the proof the grantor tax was paid
The taxes on a deed are collected at recording, and the paper that proves the grantor tax was paid is a certificate the clerk puts on the deed itself.
Va. Code 17.1-223 A has the clerk record a writing upon payment of the fees and any tax on it, and Va. Code 58.1-802 sets a condition on the deed before it is admitted to record.
No such deed, instrument, or other writing shall be admitted to record unless (i) the amount of the consideration is stated on the first page of the document to be admitted to record and (ii) certification of the clerk of the court wherein first recorded has been affixed thereto that the tax imposed by this section has been paid.
Va. Code 58.1-802
That certificate, affixed to the deed, is the document that shows the grantor tax was paid. The rate and the transfers that are exempt are worked through in the grantor tax in Virginia, and how the remaining charges are divided between the two sides is in who pays closing costs in Virginia.
Whether the county adds a local recordation tax, and the total due at recording, are answers for the Clerk of the Circuit Court. The office, the address and the recording options for Carroll County are set out in where to record a deed in Carroll County.
A certificate of satisfaction takes the paid-off deed of trust off the land
Land that still carries a loan needs one more paper before the sale is clean on the record: proof the old debt was paid and the lien released.
The payoff itself happens inside the closing. The statutory list of settlement services in Va. Code 55.1-1000 includes ordering loan checks and payoffs and placing orders for title insurance. The title search that shows which liens are recorded against the land, and the payoff letters from each lender, come through the settlement agent or a Virginia-licensed attorney.
the lien creditor shall issue a certificate of satisfaction or certificate of partial satisfaction in a form sufficient for recordation reflecting such payment and release of lien.
Va. Code 55.1-339
That certificate is the paper that shows the old loan released. The deadline the statute puts on the lender, and the narrower rule for a credit line, are covered in what a deed of trust is.
Back taxes, judgments and other debts paid out of the proceeds are a larger subject, covered in selling land with a lien or back taxes.
Form 1099-S reports the sale, and the Form 1099-S instructions say who files it
The last paper tells the IRS the sale happened. It is a federal information return, and the instructions assign it to whoever is responsible for closing.
The IRS instructions for Form 1099-S say the person responsible for closing the transaction files it, and where a Closing Disclosure or other settlement statement lists a settlement agent, that person is the settlement agent. Reportable real estate includes "Improved or unimproved land, including air space" and any non-contingent interest in standing timber, so bare acreage is reportable real estate just as a house is. The parties may sign a written agreement at or before closing that designates who files. What the sale means for the seller's own taxes is a question for a CPA.
The statement of receipts and disbursements that both sides sign at the table is its own document, explained in what a settlement statement is. The order in which every paper on this page meets the others, from ratified contract to recorded deed, is laid out in settlement in Virginia.
One more paper can come before all of them when the buyer takes only part of a tract: where a subdivision ordinance applies, Va. Code 15.2-2254 can put an approved, recorded plat ahead of the sale. Its exceptions and penalties are set out in selling just part of your land, and whether a county treats a particular sale that way is for its subdivision agent.
| Paper | Who prepares or handles it | Who confirms the details |
|---|---|---|
| Written purchase contract | A licensee involved in the sale, with no separate fee, or a Virginia-licensed attorney | A Virginia real estate attorney |
| Deed | On a residential deed of up to four units, the owner or a Virginia-licensed attorney, as the first page states | The attorney |
| Title search and payoff letters | The settlement agent or attorney, with each lender | The settlement agent |
| Certificate of satisfaction | The lien creditor, after the debt is paid | The settlement agent or the clerk |
| Recording and the grantor tax certificate | Submitted for recording at closing; certified by the clerk | The Clerk of the Circuit Court |
| Form 1099-S | The settlement agent listed on the settlement statement, unless a written agreement names someone else | A CPA, for the tax result |
Selling a tract and unsure which papers the sale will need?
Tell Lowell where the land is and whether a loan is recorded against it. He can give you an opinion of value and name the office or professional behind each paper. No cost, no obligation.
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Questions this raises
Can the owner prepare the deed for a Virginia sale?
Virginia's recording statute contemplates it for some deeds. For a deed conveying residential property of up to four dwelling units, Va. Code 17.1-223 B requires a first-page statement that the owner or a Virginia-licensed attorney prepared it, with the attorney's name and State Bar number. A seller may also retain an attorney whose work may include deed preparation and document review under Va. Code 55.1-1006. Whether owner preparation suits a given sale is the attorney's call.
Is a handshake agreement to sell land enforceable in Virginia?
Va. Code 11-2 says no action may be brought on a contract for the sale of real estate unless the contract, or a memorandum or note of it, is in writing and signed by the party to be charged or that party's agent. A spoken agreement alone does not meet that section. Whether a particular exchange of letters or messages does is a question for a Virginia real estate attorney.
Where this page's facts come from
Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.
- Va. Code 11-2, writing required for a contract for the sale of real estate Virginia General Assembly
- Va. Code 54.1-2101.1, licensees preparing written contracts Virginia General Assembly
- Va. Code 55.1-407, recording and purchasers for value without notice Virginia General Assembly
- Va. Code 55.1-300, statutory form of deed Virginia General Assembly
- Va. Code 17.1-223, first-page requirements for recording, including 58.1-801 deeds Virginia General Assembly
- Va. Code 55.1-1006, seller's right to retain an attorney Virginia General Assembly
- Va. Code 55.1-600, recording acknowledged writings Virginia General Assembly
- Va. Code 55.1-612, acknowledgment before a notary within the United States Virginia General Assembly
- Va. Code 58.1-802, grantor's tax Virginia General Assembly
- Va. Code 58.1-801, state recordation tax on deeds Virginia General Assembly
- Va. Code 58.1-3800, local recordation tax Virginia General Assembly
- Va. Code 55.1-1000, settlement services defined Virginia General Assembly
- Va. Code 55.1-339, certificate of satisfaction Virginia General Assembly
- Va. Code 15.2-2254, sale before plat approval Virginia General Assembly
- Instructions for Form 1099-S Internal Revenue Service